Terms & Conditions
A rundown of the various terms and conditions that apply to our Affiliate program.
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOURSELF AND READYMADE BUSINESS 4 U LTD (READYMADEBUSINESS4U.COM)
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
Want to jump to a particular section? As our terms are quite extensive, we've provided these links for your convenience; Overview, Affiliate Obligations, Readymade Business 4 U - Rights and Obligations (If you opt to have a website), Termination, Modification, Payment, Grant of Licenses, Disclaimer, Representations and Warranties, Limitations of Liability, Indemnification, Confidentiality, Miscellaneous.
1.1 This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Readymade Business 4 U Ltd Affiliate Program. The purpose of this Agreement is to allow you (The affiliate) to sell and promote any of Readymade Businesses products or services. Please note that throughout this Agreement, "we," "us," and "our" refer to Readymade Business 4 U, and "you," "your," "operator" and "yours" refer to the affiliate.
2. Affiliate Obligations
2.1 To begin the enrolment process, you will complete and submit the online application on our website (www.readymadebusiness4u.com).
Readymade Business reserve the right to reject your application at our sole discretion. We may cancel your application if we A: Already have an affiliate in the same area as that you are applying for or B: We determine that you would be unsuitable as a representative of Readymade Business 4 U.
2.2 As a member of Readymade Business 4 U Affiliate Program, you will have access to the Affiliate Account Manager. Here you will be able to review our Program's details, products and services.
2.3 Readymade Business 4 U reserves the right, at any time, to review your placement and approve the use of your sales activities and promotions and should we require that you change the placement or refrain from selling certain products in order to comply with our guidelines.
2.4 If you wish to create your own website the maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5 It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material (including Readymade Business 4 U), whether it be writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
3. Readymade Business 4 U - Rights and Obligations (If you opt to have a website)
3.1 We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify you further of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your agreement in our affiliate program.
3.2 Readymade Business 4 U reserves the right to terminate this Agreement and your participation in the Readymade Business 4 U Affiliate Program immediately and without notice should you commit fraud in your use of the Readymade Business 4 U Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Readymade Business 4 U shall not be liable to you for any commissions for such fraudulent sales.
3.3 This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
4.1 Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
5.1 We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the product selection, prices and payment procedure and Readymade Business 4 U Affiliate Program rules. If any modification is unacceptable to you, Readymade Business 4 U will endeavour to try an offer a solution or alternative. If you are still not happy with the alternative or solution your only option is to end this Agreement. Your continued participation in Readymade Business 4 U Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6.1 Payments for products or services should be paid directly to Readymade Business 4 U. Card, Cheques, BACS transfer and Paypal are all acceptable methods of payment. Please note that no products or services will be issued or provided until the funds are cleared.
7. Grant of Licenses
7.1 We grant to you an area exclusive, non-transferable, Affiliate Program and as of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorise for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Readymade Business 4 U Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Readymade Business 4 U and the good will associated therewith will inure to the sole benefit of Readymade Business 4 U.
7.2 Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
8.1 READYMADE BUSINESS 4 U MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING READYMADE BUSINESS 4 U SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF READYMADE BUSINESS 4 U ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
9. Representations and Warranties
You represent and warrant that:
9.1 This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
9.2 You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
9.3 You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
10. Limitations of Liability
10.1 We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall readymade business 4 u cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.
11.1 You hereby agree to indemnify and hold harmless Readymade Business 4 U, its subsidiaries and affiliates, their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable solicitors' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
12.1 All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
13.1 You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Readymade Business 4 U. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website (should you choose to build one) or any other of your websites or otherwise, that reasonably would contradict anything in this Section.
13.2 Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
13.3 You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
13.4 This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
13.5 The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
13.6 If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.